BILL REQ. #:  Z-0685.1 

READ FIRST TIME 02/12/09.   

     AN ACT Relating to access to public records by persons serving criminal sentences in correctional facilities; adding a new section to chapter 42.56 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 42.56 RCW to read as follows:
     (1) The inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities may be enjoined if, upon motion by an agency or its representative or a person named in the record or to whom the request specifically pertains, or his or her representative, the superior court for the county in which the movant resides or in which the record is maintained, finds that the request was made to harass or intimidate the agency, its employees, or any person, or that disclosure of the record would likely threaten the security of correctional facilities, the safety or security of staff, inmates, or others, or the deterrence of criminal activity.
     (2) In deciding whether to enjoin a request under subsection (1) of this section, the court may consider all relevant factors, including, but not limited to: Other requests by the requestor; the type of record or records sought; statements offered by the requestor concerning the purpose for the request; whether disclosure of the requested records would likely harm any person or vital government interest; whether the request seeks a significant and burdensome number of documents; and the impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others, and the deterrence of criminal activity.
     (3) The motion proceeding described in this section shall be a summary proceeding based on affidavits or declarations, unless the court orders otherwise. Upon a showing by a preponderance of the evidence, the court may enjoin all or any part of the request or requests, and may enjoin future requests by the same requestor, or by an entity owned or controlled in whole or in part by the same requestor, for such period as the court deems reasonable. An agency shall not be liable for penalties under RCW 42.56.550(4) for any period during which an order under this section is in effect, including during an appeal of an order under this section, regardless of the outcome of the appeal.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.